Bill to Restrict Internet Sales of E-Cigarettes and Other Tobacco Products Introduced in Congress

A bill, H.R.7337 – the Stop Tobacco Sales to Youth Act of 2018, was introduced in Congress recently to amend the Prevent All Cigarette Trafficking (“PACT”) Act to include electronic cigarettes and pipe tobacco. The PACT Act currently requires Internet sellers of cigarettes and smokeless tobacco to pay applicable excise and sales taxes as if the sale were a face-to-face transaction, prohibits using U.S. Mail for these sales, and requires age verification.The bill would expand the scope of this federal law to add pipe tobacco and e-cigarettes. The bill adds the following definition for “electronic cigarette”: any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes product that is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and is marketed and sold solely for a purpose approved as such.

We note that this is a broad definition of “e-cigarette” in that it does not require tobacco or nicotine.

The bill states that “pipe tobacco” is defined as in the Internal Revenue Code:

The term “pipe tobacco” means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.

The bill would thus cover both traditional pipe tobacco as well as shisha tobacco.

Although the bill, in its current form, references “cigars” in the Preamble and Findings sections, it does not provide a definition for “cigars,” nor does it actually incorporate cigars into the law. This may have been an oversight, and it is reasonable to assume that cigars may be added to the bill later.

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